MARVIN DWAYNE SMITH, Appellant v. THE STATE OF TEXAS (Original)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-380-13 MARVIN DWAYNE SMITH, Appellant v. THE STATE OF TEXAS ON STATE S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY Per curiam. OPINION Appellant was convicted of aggravated assault and sentenced to 45 years in prison. On appeal, he argued that the evidence was insufficient to support the $230 in court costs assessed against him in the judgment. The Court of Appeals agreed, relying on its own opinion in Johnson v. State, 389 S.W.3d 513 (Tex. App. Houston [14 th Dist.] 2012). Smith SMITH - 2 v. State, No. 14-11-00149-CR, 2013 Tex. App. LEXIS 1684 (Tex. App. Houston [14 th Dist.] February 21, 2013) (not designated for publication). The State has filed a petition for discretionary review of this decision. We recently handed down our opinion in Johnson v. State, No. PD-0193-13, 2014 Tex. Crim. App. LEXIS 240 (Tex. Crim. App. February 26, 2014), in which we set forth a roadmap for resolving questions regarding court costs. See also Cardenas v. State, No. PD-0733-13, 2014 Tex. Crim. App. LEXIS 236 (Tex. Crim. App. February 26, 2014). The Court of Appeals in the instant case did not have the benefit of our opinion in Johnson. Accordingly, we grant the State s petition for discretionary review, vacate the judgment of the Court of Appeals, and remand this case to the Court of Appeals in light of our opinion in Johnson. No motion for rehearing will be entertained. DATE DELIVERED: April 16, 2014 DO NOT PUBLISH
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